Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-05

The underSgned protest against the consid-
Grafton at the present time by this Senate of
Assembly Bill No. l2S-' An Act 70 divide the
State into Assembly Districts, and 10 provide
for the cleo ion of Assemblynen therein '-on
the ground that said bill was not passed by the
Assembly by the cons titutional majority, as APP
pears by Assembly Journal of Monday, Febru-
airy 20, 1885, page (; and that the attempted
passage of said BILL by ordering the journal to
be corrected, as shown on page of the minutes
of the Assembly of Tuesday. February p, 1888,
was DONE Notwithstanding the protest of large
number of said House. as appears on page of
the last named days journal, and without any
evidence having been presented that the preyi-
Gus days journal was erroneous in fact III the
particular named.
Signed by George E. Whitney. David Mcclure,
Henry Vrooman, Thomas Fraser. George II.
Perry, j. Reuter-, A. L. Chandler, H. W. Wallis
turn, sir, to page Si6 of the journal
PROTEST.
1.-THE undersigned hereby solemnly protest
against the Endorsement by this Senate Of the
conclusions of the majority of the Committee
on State Prisons and Prison Buildings concern
ing the management of the State Prison at san
Quentin, Senators having been denied the priv
ilege of personal examination of the testimony
upon which were based such conclusions. by
the refusal of the majority to allow said testi
mony to re printed and placed upon the desks
of the Senator'S
Signed by David Mcclure, George E. Whitney.
Henry NrOoman. Thomas Fraser, A. L. Chand-
Ter, George H. Perry, II. w. Wallis, ]. Reuter-,
W. W Kellogg.
Now, Mr.. President, to emphasize this point,
direct attention of the Senators to the fact
upon which these protests were based. COM
mittee had been appointed by the Senate 10 in
vestigate the affairs at San Quentin. They pur-
sued the investigation and made their report
to the Senate. We claimed that the Senators
who were not on that committee had right to
examine the testimony. The majority OF this
Senate denied us the right of examining the
testimony taken by the committee in order that
we might give a correct vote upon that ques
ton, and We theTeupon resorted to the only
means that we had at our command-tO put in
proper form out protest and we sent ii to the
desk and demanded that it be recorded in the
journal, and it was so recorded without single
dissenting vote.
l next read, sir from page All of the same
journal
Mr.. MCCLURE OFFERED THE FOLLOWING PROTEST:
''Mr President: The undersigned hereby pro
test against the action of the Senate in the mat
ter of the passage of Assembly Bill No 129. and
assign the following reasons therefor, to wit:
"Frd-Ihat. an amendment to said bill! was
proposed on its third readiug and FINAL passage
which amendment substituted entire new mat
ter for each ana every section of said bill, and
was adopted without suspension of the rules
of the Senate and section fifteen of article four
OF the Constitution.
''SecoRd-ThatI said bill as amended by said
substitute was not read on three several days in
each House, as required by the provisions of
said section of the Constitution, and said pro
visions were not dispensed with
This protest was signed by J. Reuter-, A. L.
Chandler, Geo. II. Perry. Henry Vrooman, David
Mcclure and Thos. Fraser
The facts relating TO this protest in brief were
as follows The Assembly had passed an APP
portonment bill IL came to the Senate and
when the Senate bill was upon its third reading
they put it in place of the Assembly bill. and
after working here for twenty four hours trying
to get that bill wit1drawn-after working here
sir, trying to show the majority of this Senate
that they had no right to consider that matter in
that nlnqn thpV voted ny mo as,f
numbers. They made 1t party question, and
again we were compelled. sir. to resort TO the
protest as the only manner in which we could
put upon record our opinion as 10 The treatment
we had received at the hands of majority OF
the Senate
Senator Crandall-Haee.any Of these protests
that yoa have read any reso aItion in them?
Senator Nrooman-So, there is no resolution
IN any of them. do not understand there is
any resolution here. There is no resolution
here in the present protest which this senate is
called upon to vote upon. l had never seen or
heard OF the protest until il was read from the
desk. ] submit to YOU Senator Crandall that if
q body of people were to assemble in this CITY
and were to petition or protest TO this body ard
should embody in that protest or petition a
resolution, ii we were not called upon 10 give u
vote upon that resolution. would that be any
reason why it should not go upon this journal?
Mr., Crandall-Is it not proper to make mo-
ton 10 lay that resolution on the table,
Mir. Nrooman-wr. President | am discussing
the proposition that the Senators have a right to
guaranteed DN the constitution OF
country. | say, sir, this Senate has no right to
take any vote upon that question at all; that is
my position upon this question.
Senator Dray-If the resolution does not state
the facts do you then ask that it should be
spread upon the minutes? It claims that the
bill was on the general file. / claim that ii was
before the enate and not upon the general file
lit don't state the facts.
Senator NrOOmau-MI. President do not sup
pose that there ever was a petition or protest
made under the sun, that the people against
whom it was fled did not dispute its state
ments Why, sir, if we will let our minds go
back a few years. when there were many people
upon this continent whose limbs were bound in
THE sHAcKLEs OF SLAVERY AND HUMAN BONDAGE.
say if we will go back to that time and ex-
anime the records of Congress and ot the Senate
of the United States we will find sir almost
every page OF that record showing petition
upon the one side or a petition upon the other
by the people who do not believe in the doctrine
of human slavery | do not suppose sir that
there ever was petition OF that kind that the
majority of those bodies did not dispute the cor
rectneSs OF the facts as recited in the protest.
Sir, they cannot produce single instance where
the resolution or protest was denied the right of
being placed upon the journal. If the Senators
will turn TO the Constitution OF the United States
they will find there in express language the
position that the right of petition has ALWAYS
been right of the American citizen-a right he
has as long as he treads upon his native land |
think it is exceedingly unfortunate, SIR, that in
a deliberate body of this kind there should be
exhibited so much auimosty and so much feel
ing over a question as has been developed here
during the last three or four days. | say to YOU
gentlemen, If this paper which they seek to
place upon this record is not a statement of
facts that you have q right 10 file counter pro-
test Questions like this out to be settled with
out any reference at all. These sir, are the only
safeguards that the Constitutions of this country
have. Are you going to deny to these Senator'S
representing honest and intelligent constituent
cies, the right that is accorded to every Ameri-
can citizen in the United States? Senators
should govern their action upon questions Ike
these not by partisanship but they should be
decided in an unparalleled and unbiased man.
ner We are setting precedents here to-day that
will be called up in the future exactly the same
as the preeedents in the past have been called
up tonight in the discussion of this question
Now, SIT, 90 nope, beseeeh you, that you will
allow this protest to be spread upon the
record. In the interest OF oppressed hui
mainly in the future, do not place
here upon the records of this, the highest
Legislative department in this Statera precedent
that will in the future be used as an excuse for
rejecting petition or protest sent here by large
bodies OF people, who may feel that they have
been wropged or injured either by some action
of this body or by the action of the people on
the outside. Now, Mr.. President and Senator'S
/ did not intend to say anything upon this sub-
ject, because believe that the time taken I'D
in It's discussion could be more probably occu-
pied in considering other important questions
before this body; but. sir. would be unfaithfiii
TO myself and would be recreant to the con-
Stllutucy l0Al mas pldCcu me III tllS position, IL
l should allow myself TO sit here and quietly
see such d precedent passed down TO our pos
terity. ] sgain enter my protest against doing
anything with this protest except placing it
upon the Journal, where it properly and right
fully belongs
Chandler replied. claiming that no analogy
existed between the cases cited and that now
before the Senate. The resolution now under
consideration declares that the action of the
Senate was not regular, and in so many words
expupges from the records the action already
had.
Patterson said that if he thought the document
offered was going TO create such feeling he
would not have signed it.
Nrooman suggested that if the word resolved
be stricken out there might not be any objection
to it.
Chandler said that. so far as he was concerned
he would not object to the protest if it were
modified in that way.
Murphy and WalTath spoke in favor of having
the document recorded in the journal without
modification.
Dray wished to know who objected to any
protest. He said there was not a member on
the floor who would object to protest properly
wOrded and that did not mistate facts